Marshall v. Tatum et al

Filing 15

ORDER ADOPTING IN PART the 10 Report and Recommendation of the Magistrate Judge and OVERRULES IN PART AND SUSTAINS IN PART Plaintiff's Objections. The Court ADOPTS the Magistrate Judge's recommendation to dismiss all claims against Roge rs State Prison and Defendants in their official capacities. The Court will permit Plaintiff's claims to proceed against Defendant Tatum. The Court DIRECTS the United States Marshal to serve Defendant Tatum with Plaintiff's Complaint, the Magistrate Judge's Report and Recommendation, Plaintiff's Objections, and this Order. Plaintiff's claims against Defendants Tatum and Mobley in their individual capacities remain pending. Signed by Magistrate Judge R. Stan Baker on 3/14/2016. (csr)

N the Entteb Statto Atiarta Court
for the Soutbern flitrict of Oeorgta
30run,ftick flibiion
JAMIE L. MARSHALL,
Plaintiff,

kA
WARDEN CLAY TATUM; ANTHONY
MOBLEY; and ROGERS STATE PRISON,

Defendants.

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CIVIL ACTION NO.: 6:15-cv-85

ORDER

After an independent and de novo review of the record, the
undersigned concurs in part with the Magistrate Judge's January
5, 2016, Report and Recommendation, dkt. no. 10, to which
objections have been filed. The Court ADOPTS IN PART the Report
and Recommendation of the Magistrate Judge and OVERRULES IN PART
AND SUSTAINS IN PART Plaintiff's Objections.
BACKGROUND

Plaintiff, who is currently housed at Rogers State Prison
in Reidsville, Georgia, submitted a Complaint in the abovecaptioned action pursuant to 42 U.S.C. § 1983 alleging that
Defendants violated his constitutional rights. Dkt. No. 1. The
Magistrate Judge conducted the required screening of Plaintiff's
AO 72A
(Rev. 8/82)

Complaint and recommended that the Court dismiss Plaintiff's
claims against Defendants Rogers State Prison and Warden Clay
Tatum, as well as Plaintiff's claims against Defendants in their
official capacities. Dkt. No. 10. However, the Magistrate Judge
found that Plaintiff stated colorable claims for excessive force
in violation of the Eighth Amendment against Defendant Anthony
Mobley. Id.
DISCUSSSION

In his Objections to the Magistrate Judge's Report and
Recommendation, Plaintiff conceded that the Court should dismiss
his claims against Rogers State Prison. Dkt. No. 14, p. 2. As
to the recommendation that his official capacity claims be
dismissed, Plaintiff states that he is uncertain of what it
means to sue a Defendant in his official capacity. However,
Plaintiff concedes that if this means to bring suit against the
State of Georgia (which it does), then those claims should be
dismissed. Accordingly, the Court ADOPTS the Magistrate Judge's
recommendation to dismiss all claims against Rogers State Prison
and Defendants in their official capacities.
As to Defendant Warden Clay Tatum, the Magistrate Judge
pointed out that Plaintiff did not make any allegations against
this Defendant in his original Complaint. Dkt. No. 10,

p. 5.

Thus, it appeared Plaintiff sought to hold Tatum liable based
solely on his position as the Warden of Rogers State Prison. In
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(Rev. 8/82)

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his Objections, Plaintiff states new allegations against
Defendant Tatum. Dkt. No. 14, pp. 3-4. He states that
Defendant Tatum knew that CERT team officers at Rogers State
Prison maintained a practice of using unprovoked and excessive
force against inmates. Id. Specifically, he states that
Defendant Mobley, while under Defendant Tatum's supervision,
used improper force against inmates on several occasions. Id.
Plaintiff alleges that, despite knowledge of these incidents,
Defendant Tatum did not take any measures to correct Defendant
Mobley's actions until after Mobley's use of force against
Plaintiff. Id.
With these new allegations, Plaintiff has plausibly alleged
the existence of a custom or policy that resulted in deliberate
indifference to Plaintiff's constitutional rights, as well as a
history of widespread abuse that put Defendant Tatum on notice
of an alleged constitutional deprivation which he then failed to
correct. As the Magistrate Judge pointed out in the Report and
Recommendation, such allegations are sufficient to state a claim
against a supervisory defendant like Defendant Tatum, because
they go beyond a theory of respondeat superior. Dkt. No. 10,
p. 5 (citing Barr v. Gee, 437 F. App'x 865, 875 (11th Cir.
2011)). Thus, in light of Plaintiff's new allegations, the
Court will permit Plaintiff's claims to proceed against
Defendant Tatum.
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(Rev. 8/82)

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To that end, the Court DIRECTS the United States Marshal to
serve Defendant Tatum with Plaintiff's Complaint, the Magistrate
Judge's Report and Recommendation, Plaintiff's Objections, and
this Order. Defendant Tatum is urged to read and follow the
Magistrate Judge's instructions for the future litigation of
this action.
CONCLUSION

For the reasons stated above and in the Magistrate Judge's
Report and Recommendation, the Court DISMISSES Plaintiff's
claims against Rogers State Prison and Defendants in their
official capacities.

Plaintiff's claims against Defendants

Tatum and Mobley in their individual capacities
SO ORDERED, this

d of

main pending.

/k

LISP. GODBEY WOOD, -CI-TUDGE
UNITED STATES DISTRICT COURT
SOUHEPN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/E2)

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/ 2016.